Page 773 - IOM Law Society Rules Book
P. 773

c.13               Proceeds of Crime Act 2008                  395

                                  (a) property for the time being subject to a restraint order
                                      which was made under section 98 before the order
                                      adjudging the person bankrupt;


                                  (b) any property in respect of which an order under section
                                      105 is in force.

                                (3) If in the case of a debtor an interim receiver stands at
                           any time appointed under section 8 of the Bankruptcy Code 1892 [VI p.312]
                           and any property of the debtor is then subject to a restraint order
                           made under section 97 the powers conferred on the receiver by
                           virtue of that Act do not apply to property then subject to the
                           restraint order.




                           202. (1) If a person is adjudged bankrupt the powers referred to Bankruptcy:
                           in subsection (2) must not be exercised in relation to the property  restriction of
                           referred to in subsection (3).                                       powers
                                                                                                P2002/29/418
                                (2) The powers are the powers conferred on a court by
                           sections 97 to 116 and the powers of a receiver appointed under
                           section 103 or 105.

                                (3) This is the property —


                                  (a) property which is for the time being comprised in the
                                      bankrupt’s estate for the purposes of the Bankruptcy
                                      Acts 1892 to 1988;

                                  (b) property which is to be applied for the benefit of
                                      creditors of the bankrupt by virtue of a condition
                                      imposed under section 11(2) of the Bankruptcy Code
                                      1892;

                                  (c) in a case where a confiscation order has been made
                                      under section 66 of this Act, any sums remaining in the
                                      hands of a receiver appointed under section 105 of this
                                      Act after the amount required to be paid under the
                                      confiscation order has been fully paid.


                                (4) But nothing in the Bankruptcy Acts 1892 to 1988 must
                           be taken to restrict (or enable the restriction of) the powers referred
                           to in subsection (2).



                           203. (1) This section applies if a person who is adjudged Bankruptcy:
                           bankrupt has made a tainted gift (whether directly or indirectly).   tainted gifts

                                                                                                P2002/29/419
                                (2) No order may be made under or in respect of section 12,
                           30 or 31 of the Bankruptcy Code 1892 (avoidance of certain
                           transactions) in respect of the making of the gift at any time when —
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